Jorge Eduardo Ballesteros Franco, et al.

On May 8, 2001, the SEC filed a civil action, SEC v.
Franco, et al., against a former member of Nalco Chemical Companyís board
of directors and others in the US District Court for the Southern District of
New York in connection with alleged insider trading of the common stock of
Nalco during June 1999.† The SEC brought additional civil actions in the same Court,
SEC v. Cusi, et al. on February 7, 2002, and SEC v. Manzo, et al. on
March 6, 2002, against several persons and entities for their roles in the same
scheme.† According to final judgments entered between May 31, 2001 and October
29, 2002, defendants paid over $6.7 million in Franco, over $900,000 in Cusi,
and over $650,000 in Manzo into the registry of the Court.

On June 10, 2010, the Court entered an Order establishing a
Fair Fund and consolidating the three actions into Franco, for the purpose
of a distribution, and appointed Richard Weissman, Esq. as the Distribution
Agent of the Fair Fund.† On November 8, 2011, the Court approved an Amended
Distribution Plan providing for a claims procedure to determine eligible
claimants and a plan of distribution of the Fair Fund.† Eligible claimants are
those persons who held shares of Nalco common stock as of June 17, 1999, and
sold such shares on one or more specific dates of sale (June 18, 21, 22, 23, 24
or 25, 1999).